Governor Nominates a Second Judge to the State's Highest Court

Seizing a chance to reshape a court he has repeatedly assailed as too sympathetic to criminal defendants, Gov. George E. Pataki yesterday nominated Albert M. Rosenblatt, a state appeals court judge and a former Dutchess County prosecutor, to replace one of the state's most liberal jurists on New York's highest court.

If confirmed by the State Senate -- a step that is all but certain -- Justice Rosenblatt, who sits on the Appellate Division of State Supreme Court in Poughkeepsie, would become Mr. Pataki's second appointment to the seven-member Court of Appeals. Justice Rosenblatt would replace Justice Vito J. Titone of Staten Island, the court's longest-serving member, who had been appointed in 1985 to the position by his friend, Gov. Mario M. Cuomo.

The Governor's selections to the Court of Appeals are closely watched, both because of the court's historic stature as one of the nation's most influential and once liberal benches, and because of Mr. Pataki's obvious dissatisfaction with some of its views. Mr. Pataki has long identified himself with criminal justice issues and campaigned in 1994 on a pledge to reinstate the death penalty. He has often criticized Court of Appeals decisions, such as one making it harder for police officers to gather evidence against criminal defendants.

At a news conference in Albany, Mr. Pataki chose not to reiterate his frequent criticism of the court and instead cast his decision in broader terms than judicial ideology. The Republican Governor invoked Justice Rosenblatt's breadth of experience, particularly his two years as the state's chief administrative judge, in addition to his judicial writings and personal bearing. ''If you look at his opinions,'' Mr. Pataki said, ''they are just really thought out and intelligently written and have that combination of judicial wisdom and common sense that I think makes for an outstanding judge.''

Justice Rosenblatt, 62, began his legal career as a prosecutor in Dutchess County in 1964, where he worked until he was elected a county judge in 1975. He also was the last judge in New York to sentence a defendant to death prior to the reinstatement of the death penalty: Lemuel W. Smith, for killing a prison guard in 1981. Mr. Smith's sentence was converted to 25 years to life in prison after the state's highest court overturned the portion of the death penalty law under which he had been sentenced.

Still, it was far from certain that Justice Rosenblatt's arrival on the bench would be a sign of a significant shift in the court's direction. For one thing, the Court of Appeals is no longer viewed as being as sympathetic to the rights of defendants as it was in the 1980's.

And at least in the way it presents itself to the public with its written decisions, it has been relatively free of the kind of sharp ideological discord that is associated with the United States Supreme Court. Last year, 93 percent of the New York high court's decisions were unanimous. ''They generally speak with one voice,'' said Norman A. Olson, a professor at the John Jay College of Criminal Justice in Manhattan. ''It's rare that one judge can make a difference.''

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Although Justice Rosenblatt declined in an interview to categorize himself ideologically -- standard practice for judicial nominees -- scholars and lawyers familiar with his written decisions described him yesterday as a moderate.

''He's a middle-of-the-road, traditional, craftsman-type judge,'' said Evan Davis, who served as counsel to Mr. Cuomo. Accordingly, the resignation of Justice Titone, who was known as a fierce advocate of the rights of defendants, might have more bearing on the court's ideological direction than Justice Rosenblatt's arrival.

''Everything that George Pataki has said has led the public to believe that he would appoint a right-wing, very strong law-and-order judge: someone who is almost blindly in favor of the prosecution and law enforcement,'' said Vincent M. Bonventure, an Albany Law School professor.. ''There doesn't seem to be anything in Judge Rosenblatt's record that fits that bill.''

Justice Rosenblatt, who was appointed an appellate judge by Mr. Cuomo, spoke only in general terms about his views on criminal justice issues that Mr. Pataki has addressed. ''There's a balance out there that has to be played out,'' Justice Rosenblatt said. ''There is a delicate balance between the rights of individuals, the rights of the community.''

Justice Titone resigned Sept. 1 at the age of 68 to take a position with a private law firm. At the age of 62, Justice Rosenblatt is nominated to a 14-year term with a mandatory retirement age of 70.

Justice Rosenblatt was selected from a list of seven candidates provided to Mr. Pataki by an independent judicial screening committee. He had been recommended once before to Mr. Cuomo.